Australian Federal Constitutional Law
Commentary and Materials
By: George Winterton
Since the first edition, Australian Federal Constitutional Law: Commentary and Materials has established itself as one of the most respected constitutional reference works. The title is intended primarily for teaching purposes and covers the material included in virtually all Australian Federal Constitutional Law courses. The essential topics are examined in depth to promote greater insight into constitutional principles, judicial reasoning and overall assessment of the work of the High Court. This new edition incorporates recent developments in the law. It reviews all of the important constitutional decisions of the High Court of Australia and analyses the issues that arise in those decisions. The book has a fresh friendly layout to promote understanding, substantial commentary, notes, questions and references, and provides shorter case extracts to illustrate the salient points.
AI Overview
The book "Australian Federal Constitutional Law: Commentary and Materials" by George Winterton is a comprehensive treatise on the constitutional law of Australia. Here is a detailed overview of the book, including its key themes, structure, and critical reception:
Key Themes
Constitutional Fundamentals: The book begins with an introduction to the fundamental principles of the Australian Constitution, including its historical background and the framework of the federal system.
Executive Power: It delves into the executive power of the Commonwealth, examining the role and responsibilities of the executive branch in the Australian federal system.
Parliamentary Sovereignty: The book discusses parliamentary sovereignty and state constitutional law, exploring the relationship between the federal parliament and the state legislatures.
High Court Decisions: It provides an in-depth analysis of significant High Court decisions that have shaped Australian constitutional law, covering topics such as inconsistency, commerce power, and other critical constitutional issues.
Constitutional Reform Proposals: The book includes a section on constitutional reform proposals, examining official publications and historical background related to constitutional changes.
Structure
The book is divided into several parts, each focusing on a specific aspect of Australian federal constitutional law:
Part I: Introduction
- Chapter 1: Constitutional Fundamentals
- Chapter 2: State Constitutional Law
Part II: The Executive Power of the Commonwealth
- Chapter 3: The Executive
Part III: Parliamentary Sovereignty and State Constitutional Law
- Chapter 4: Parliamentary Sovereignty and State Constitutional Law
Part IV: Inconsistency and Other Issues
- Chapter 5: Inconsistency
Part V: Commerce and Corporations
- Chapter 6: Commerce Power
Critical Reception
While specific reviews of the book are not readily available in the provided sources, the book is widely regarded as a seminal work in the field of Australian constitutional law. It is often cited in academic and legal circles for its comprehensive analysis and detailed commentary on key constitutional decisions and principles.
Editions
The book has been published in multiple editions, with the third edition being particularly notable. The third edition includes contributions from several experts in the field, such as Peter Gerangelos, HP Lee, Nicholas Aroney, Sarah Murray, Simon Evans, and Patrick Emerton.
Bibliography
The third edition includes a comprehensive bibliography that covers a wide range of casebooks, reference books, annotations of the Commonwealth Constitution, historical background, and constitutional reform proposals. This makes it a valuable resource for both practitioners and scholars of Australian constitutional law.
In summary, "Australian Federal Constitutional Law: Commentary and Materials" by George Winterton is a foundational text that provides a detailed and structured analysis of the Australian Constitution and its application. It is highly regarded for its comprehensive coverage of constitutional principles and significant High Court decisions, making it an essential resource for anyone studying or practicing Australian federal constitutional law.